Recently issued Notice 2009-68 (see Understanding Options ), which updates the model safe harbor notice for eligible rollover distributions, contains a paragraph addressing the Code section 402(l) rule. A plan provider asks: “Does this paragraph in Notice 2009-68 mean that payments that qualify under Code section 402(l) are subject to 20% mandatory withholding or any other type of withholding?”
Answer from David Levine, Groom Law Group, Chartered:
No, amounts directly paid for health or long-term insurance premiums are not subject to withholding. Further, pursuant to the 2009 Form 1099-R instructions, a plan should include any amounts directly paid for health or long-term care insurance premium for an eligible retired public safety officer in amounts reported in Box 2a of Form 1099-R. Participants can then take a deduction on their Form 1040 personal income tax returns (Page 24, 2008 Form 1040 instructions).
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